Bicycle Traffic Law Reform and Safety Issues Including ORC* changes from HB 389 by Fred Oswald, MS, PE Bicycling Safety Instructor, Bicycle commuter

Bicycle Traffic Law Reformand Safety Issues

Including ORC* changes from HB 389by Fred Oswald, MS, PE

Bicycling Safety Instructor, Bicycle commuterwww.cycle-safety.com www.bikelaws.org

© Fred Oswald, 2003-2010rev 1/10

* Note: ORC means Ohio Revised Code

The Guiding Principle:

Cyclists fare best when they act and are treated as drivers of vehicles

Trying to be separate from traffic means being in unexpected places,

which is often dangerous

Fred OswaldFeb 2003Photo above from Chicago’s Bike Lane Design Manual

SAME ROADS, SAME RULES,SAME RIGHTS

and following best practices

Urban Bicycle Crashes

Single Veh. (fall) -- 45%

Collision with Car -- 18%

Collision with Bike -- 17%

Collision with Animal -- 8%

Hit Parked Car (door) -- 4%

Hit Pedestrian -- 1%

Source: Kaplan, “Characteristics of the Regular Adult Bicycle User” Fred Oswald, Apr 2000

FALLS &other single vehicle

Collisionw/CAR

Collisionw/BIKE

w/ANIMAL

Most bike crashes do not involve cars!

DOOR

Car-Bike Crashes, Who is at Fault?

WRONG-WAY

L-TURN FROM R. EDGE

NO YIELD @ driveway

RUNLIGHT,or SIGNLEFT

CROSS

RIGHTHOOK

RUN LIGHT or S SIGN

SWERVE

About HALF are caused by cyclist error!

90% involve turning & crossing traffic.

DOOR

NO YIELD @ driveway

Fred OswaldJun 2002

OVERTAKING(2/3 at night) ??

Source: BikeEd Instructor ManualBased on Effective Cycling

Cyclist fault

Motorist fault

STOP

Primary zone of vigilanceSecondary

zone

Avoid wrong way or sidewalk!Stay in traffic lane to be seen

Fred Oswald, Jun 2002

Sidewalk and Sidepath Hazards

Riding on sidewalk/sidepath compared to riding on road increases collision risk by a factor of:─ 1.8 (California; Wachtel and Lewiston 1994)

─ 2.7 (Eugene, OR, 1979)

─ 4.7 (California, 1974)

─ 3.4 (Sweden; Linderholm 1984)

─ 2.4-8.6 (Finland, Sweden, & Norway; Leden 1988)

─ 3.9 (Denmark; Jensen, Andersen, Nielsen 1997)

─ 1.7 to 5 (Germany; Schnull, Alrutz et al 1993)

Paul Schimek, 2001D. Gutierrez & B. P. DeSousa, 2003

Riding against traffic on sidewalk or sidepath is significantly more dangerous.

Illustration above from Oregon Bicycle Manual

Bike lanes encourage errors:• Pass on right & filter fwd. (right of right-turn traffic)• “Drive-out” at stop sign• “Right hook” • “Left cross”

Bike Lane Hazards

Paul Schimek, 2002D. Gutierrez & B. P. DeSousa, 2003

Vehicular Cycling “Layers of Safety”

1. Don’t CAUSE collision (follow rules of road)

2. Deter motorist mistakes

3. Drive defensively to escape hazards

4. Use safety equipment to reduce injury

Fred Oswald,Jul 2004

Photo by R. Woodward, Jan 2000 Fred Oswald

Aug 2003

Proper Lane PositioningAn essential skill for cyclists

Narrow Lane Road or Downhill – Use Full Lane

Assertive lane position helps prevent motorist mistakes.

Photo by Wayne Pein

Vehicular Cycling teaches:Cyclists fare best when they act and are treated as drivers of vehicles

Fred Oswald, Jun 2002

Principles of Traffic Law

1. First Come, First Served

2. Drive on the Right

3. Obey Traffic Control Devices

4. Observe Speed Positioning

5. Follow Intersection Positioning

2 wheels or 4, the rules of the road are the sameSource: Effective Cycling & BikeEd Instructor Manuals

From Quality of Laws Institute,.

Characteristics of the Ideal Law:

Simply stated. Has a clear meaning.

Completely effective in solving problem addressed.

Interacts synergistically with all other laws.

Consumes minimal resources in enforcement.

Produces no adverse side-effects on human rights, living standards or quality of life.

Cyclists deserve equal protection under the lawFred Oswald,

Feb 2005

Paul Schimek &Fred Oswald, Mar 2003

Why traffic law matters

Traffic laws help shape --- How cyclists are taught to ride. How the police treat cyclists. What the motoring public expects from cyclists. What happens in court or with insurance

adjuster if a cyclist has a collision.

Uniform traffic laws promote safe, fair & efficient travel for all.

Cyclists deserve equal protection under the law

0

5

10

15

20

25

Excellent Good Poor Bad Dangerous

No

. of

Co

mm

un

itie

s

9 havepoor rules

Fred Oswald, Jul 2002Revised Jan 2010

Survey of Bicycle Traffic Rulesin 75 NE Ohio Communities

21 haveexcellent

rules21 have

bad rules

13 havedangerous

rules

2006 Ohio reforms made bad local rules invalid!But local reforms are not automatic.

11 havegoodrules

Changes to ORC from HB 389 - 1

Fred Oswald, Sep 2007

§ 4511.07 (A)(7-8) – (Local traffic regulations)

• May not be "fundamentally inconsistent with the uniform rules of the road”

• May not “prohibit the use of bicycles on any public street or highway” (except freeways)

• May require license “for residents of the local authority”

• Signs req’d for local ordinances

(B) “No ordinance or regulation enacted ... shall be effective until signs giving notice … are posted …”

§ 4511.22(C) – (Slow Speed)

• The “trier of fact, ... shall consider the capabilities of the vehicle and its operator.”



§ 4511.25(B)(1-2) – (Lanes of travel upon roadways of sufficient width)

• Slow vehicle drive in right-hand lane and “far enough to the right to allow passing by faster vehicles if such passing is safe and reasonable, except …”

• overtaking and passing (unchanged)

• preparing for a left turn (unchanged)

• When the driver must … drive in … other … lane…

• Added clarifying language including: “Nothing ... requires a driver of a slower vehicle to compromise the driver's safety to allow overtaking by a faster vehicle.”



§ 4511.31 – (Establishing hazardous zones)

Allows passing if ---

• Slower vehicle < ½ speed limit

• Faster vehicle can pass w/o exceeding speed limit

• Sufficient clear distance.

§ 4511.39(A) – (Turn and stop signals)

• On a bicycle “the signal shall be made not less than one time but is not required to be continuous. … not required to make a signal if the bicycle is in a designated turn lane, and a signal shall not be given when the operator's hands are needed for the safe operation of the bicycle.”



§ 4511.52 (B), (C) – (Bicycles - issuance of ticket - points not assessed)

• Bicycle violator “shall not have any points assessed against the person's driver's license” (except driving under influence)

• Court “may require the bicycle operator or motor vehicle operator to take and successfully complete a bicycling skills course …”

§ 4511.53 (B), (C) – (Operation of bicycles, motorcycles and snowmobiles)

• “… shall not ride other than upon or astride the permanent and regular seat.” (Does not prohibit standing to pedal)

• “Nothing in this section shall be construed as prohibiting the carrying of a child in a seat or trailer that is designed for carrying children and is firmly attached to the bicycle.”

Background for § 4511.55


§ 4511.55 – (Operating bicycles and motorcycles on roadway)

(A) Every person operating a bicycle upon a roadway shall ride as near to the right side of the roadway as practicable obeying all traffic rules applicable to vehicles and exercising due care when passing a standing vehicle or one proceeding in the same direction.

This has three parts:

1. The “Far Right Rule”, a discriminatory rule that encourages bad practice (curb hugging)

2. “Obey traffic rules” (A good idea that should stand by itself)

3. Instruction to “exercise due care” – needed because (1) encourages bad practice of passing on the right.



§ 4511.55 (C), (new section)

“… does not require a person operating a bicycle to ride at theedge of the roadway when it is unreasonable or unsafe to do so.”

“Conditions … include when necessary to avoid

• fixed or moving objects,

• parked or moving vehicles,

• surface hazards, or

• … otherwise is unsafe or impracticable … , including if the lane is too narrow …”



§ 4511.56 – (Bicycle signal devices) (A) requires …

• White lamp on front of bicycle or operator visible 500’ to front, 300’ to sides. “A generator-powered lamp … may be used …”

• Red reflector visible 100-600’ to rear.

• Red lamp (flashing or steady) visible 500’ to rear

• Front & wheel reflectors no longer req’d

(B) Allows add’l lights & reflectors (except no red in front or white in rear.)

(C) Allows but does not require bell or horn

(D) Requires “adequate” brake (no change)



§ 4511.711 (A) – (Driving on sidewalk)

Local authorities may regulate operation of bicycles except ---

• May not "require that bicycles be operated on sidewalks.”

• May limit or prohibit bicycles on sidewalk

Summary (selected changes)

• Bicycle laws must be uniform & consistent.

• May not ban bicycles from roads (except freeways)

• May not require operation on sidewalk

• “Far Right Rule” does not require far right as possible.

• Allows passing in “no passing zone”, if safe

• Turn signal req’d only when safe, not req’d in turn lane

• No ‘points’ for bicycle violation (except dwi)

• Clarifies seat requirements

• Clarifies safety equip. requirements


Ratings for local bicycle ordinances-1

A ratingNASA Glenn

A-minus ratingAurora Brook ParkBrunswick Cleveland MetroparksEastlake Glenwillow Highland Hills Lorain Macedonia Medina

Mentor North Royalton Oakwood Oberlin Richmond Hts Seven Hills Twinsburg Walton Hills Wickliffe Willowick

Fred Oswald, Jan 2010


B-Plus ratingAmherst Ashtabula Bratenahl Lakewood Warrensville Hts Willoughby Woodmere

B ratingCleveland HtsIndependence Moreland Hills

B-Minus ratingBerea

C-Plus ratingAvon LakeElyriaSolon

C ratingCleveland Middleburg HtsNorth Randall*Parma Parma Hts*

C-Minus ratingSouth Euclid

* Data not current



D-Plus ratingBeachwood

D ratingBedford Brecksville* Brooklyn Chagrin Falls Highland HtsLyndhurst North Olmsted Rocky River Westlake

D-Minus ratingBay Village Bedford HtsEuclid Fairview Park Hunting Vly Maple Hts Mayfield Hts Mayfield VlgStrongsvilleShaker Hts.University Hts

* Data not current



F-Minus ratingAvonBentleyville*Broadview HtsCuyahoga HtsGates Mills Kirtland Mentor-on-the-LakeNorth Ridgeville Olmsted Falls Orange Painesville Pepper Pike Valley View

* Data not currentFred Oswald, Jan 2010

See www.bikelaws.orgfor updates.Please send any new Information [email protected]

Documents

Bicycle Traffic Law Reform and Safety Issues Including ORC* changes from HB 389 by Fred Oswald, MS, PE Bicycling Safety Instructor, Bicycle commuter